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The terms and conditions set out in this document, read together with the customer details, financial details, method of payment, authority for debit order, period of service, sales confirmation, specifications, contact person and acceptance completed by a customer and accepted by The Corporate Internet CC ("TCI"), (collectively "the/this agreement") govern the relationship between TCI and the relevant customer of TCI.
A. COMMENCEMENT OF SERVICE
The effective date of this agreement ("the commencement date") is the date on which the Services first commence.
B. PROVISION OF THE SERVICE
1. For the duration of this agreement thereafter, TCI shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.
2. Notwithstanding the provisions of 1, the customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In the circumstances, TCI shall not be held liable for any damages (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
3. The customer shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the services provided herein.
C. PAYMENT
1. The customer shall pay to TCI all applicable charges, tariffs, fees and other amounts ("charges") as may be set out in this agreement, in respect of the provision of the services to the customer.
2. The charges may be varied by TCI from time to time in the following circumstances:
2.1 In the event of any increase by SA Telkom Limited ("Telkom") of its tariffs relating to any service provided to the customer by TCI, in which case the actual increase together with TCI's mark-up will be passed on to the customer.
2.2 On or after 1 November of every year (with effect from that date) after the commencement date.
3. All access charges that entitle the customer to obtain access to the services subscribed for, shall be payable in the manner as set out in this agreement and where such charge is indicated as-
3.1 a monthly direct debit, the amount of the first month payment shall be payable by the customer to TCI on the commencement date whereafter the relevant debit order shall apply;
3.2 In all other cases payment shall be made in advance and as specified in the agreement.
4. Any payment due to TCI not made on the due date thereof shall bear interest at a rate of 9% (nine per centum) above the prime bank overdraft rate as charged by TCI's bankers from time to time, calculated from the date payment was due until date of actual payment in full, capitalised monthly in arrears.
5. The customer shall, on demand, pay to TCI all costs and expenses incurred by TCI in enforcing the terms of this agreement, including without limitation legal costs on an attorney and own client basis.
6. Should the bank dishonour any payment offered by the customer to TCI, TCI shall be entitled, over and above the dishonoured payment as well as bank charges, to charge and the customer shall be obliged to pay a reasonable administration fee.
7. Should the customer change from one product to another or add any services to existing product, TCI shall be entitled to charge and the customer shall be obliged to pay a reasonable administration fee.
D. INSTALLATION AND CONNECTION
1. The customer acknowledges that any installation date or connection date furnished by TCI is provisional only and, should installation or connection, as the case may be, not be effected by such provisional date-
1.2 TCI shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party; and
1.3 the customer shall not be entitled, as a result of such delay, to terminate this agreement or withhold any payment.
E. LIABILITY
1. This clause E specifies the entire liability of TCI, including, without limitation, liability for negligence. In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions or warranties are excluded.
2. TCI SHALL UNDER NO CIRCUMSTANCES BE LIABLE (INCLUDING LIABILITY FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE OR INJURY THAT THE CUSTOMER OR ANY THIRD PARTY MAY SUFFER, NO MATTER WHEN OR HOW ARISING, SPECIFICALLY INCLUDING (BUT WITHOUT LIMITATION) REFUNDS OF FEES, LOSS OF PROFITS, FINANCIAL LOSS, LOSS OF CONTRACTS, LOSS OF INCOME, LOSS OF ANTICIPATED BUSINESS, COST OF REPLACEMENT SERVICES, SAVINGS USE, GOODWILL OR ANY OTHER FORM OF CONSEQUENTIAL LOSS.
3. ANY SERVICE(S) PROVIDED HEREIN IS PROVIDED ON AN "AS-IS" BASIS AND TCI MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF WHATSOEVER NATURE WITH RESPECT TO ANY SUCH SERVICE.
4. The customer shall and hereby does indemnify TCI-
4.1 against any damage, loss or liability (excluding liability for TCI's willful conduct) arising from the provision of services to the customer, its employees, directors, agents and/or representatives;
4.2 against any damage, loss or liability of whatsoever nature arising from a breach of TCI's security measures, any misuse of TCI's facilities or services and/or any act or omission of any other customer of TCI;
4.3 from any claim by any third party arising directly or indirectly out of or related to the customer's access to or use of services rendered by TCI or any information or data obtained through such access or use; and
4.4 its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the customer's use of the service and/or the products supplied hereunder -
4.4.1 constitutes a violation of any law, regulation or tariff;
4.4.2 is defamatory, fraudulent or deceptive;
4.4.3 is intended to threaten, harass or intimidate; or
4.4.4 interferes with the use or enjoyment of other customers of the services and products provided by TCI.
5. Under no circumstances whatsoever will TCI's liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts actually paid by the customer to TCI.
F. USE LIMITATIONS
The customer hereby agrees -
1. that it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
2. that it shall make use of the services in a responsible, prudent, lawful and honest manner;
3. that it shall comply with any directions, instructions and limitations issued or notified by TCI from time to time in connection with the services;
4. that it shall not use any service in a manner which -
4.1 constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the customer undertakes to familiarise itself and ensure that it is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by TCI and/or the customer's access to or use thereof;
4.2 constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by TCI from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking, unsolicited mailing etc.;
4.3 contravenes any TCI policy, as such document may be published, updated and amended by TCI from time to time;
4.4 is defamatory, fraudulent or deceptive;
4.5 is intended to threaten, harass, nuke or intimidate;
4.6. tends to damage the name or reputation of TCI, its holding company, affiliates and subsidiaries; or
4.7 interferes with the use and enjoyment of Internet related services of customers of TCI;
5 that the services to be rendered to the customer shall be as defined and subject to such limitations as may be notified from time to time by TCI;
6 that the customer is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of TCI, its network providers and Telkom and that service may from time to time be adversely affected by a number of different causes;
7 that it shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of TCI or that provided or made available to the customer by or through TCI. If any act or omission of the customer has such an adverse technical effect the customer shall, on receiving notification to that effect from TCI, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which TCI shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and/or terminate this agreement;
8 that unless otherwise agreed by TCI in writing, it shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to it by TCI;
9 that it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by TCI for use by the customer and shall specifically not disclose same to any third party without TCI's prior written consent.
10 to comply with the rules and regulations applicable to any network that is accessed through TCI;
11 that where it is outside the Republic of South Africa and wishes to connect to the internet, such connection may be subject to the terms and conditions of a Global Service Provider ("GSP"). The customer has been informed of and acknowledges that the GSP is not affiliated to TCI.
G. SUSPENSION OF SERVICE
1. TCI may from time to time and without notice suspend the services in any of the following circumstances-
1.1 during any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided;
1.2 if the customer -
1.2.1 fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach (if capable of remedy) is remedied; or
1.2.2 does or allows to be done anything which, in TCI's reasonable opinion, may have the effect of negatively affecting the operation of the TCI network or the provision of services to the customer or to any other customer(s) of TCI.
2. Notwithstanding any suspension of service under this clause G, the customer shall remain liable for all charges due hereunder throughout the period of suspension unless TCI, in its sole discretion, determines otherwise.
H. TERMINATION
1. Notwithstanding anything to the contrary contained in this agreement, TCI shall at any time be entitled to terminate this agreement on not less than 30 (days) notice to such effect to the customer, TCI making due refunds. In the case of a month to month agreement the customer shall give TCI 2 (two) calendar months notice of termination per registered mail.
2. Without prejudice to any other rights or remedies which TCI may have in terms hereof or at law, TCI shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between TCI and the customer.
3. Upon termination of this agreement TCI shall disconnect the customer from the networks of TCI and all its network providers.
4. After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection fee, which may be charged by TCI.
5. Upon termination due to any breach of this agreement by the customer, TCI shall be entitled to claim damages.
I. EXCUSABLE EVENTS
TCI shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result any circumstances outside TCI's reasonable control, including without limitation, of technical problems relating to the networks of TCI, Telkom or any network provider of TCI, or any one or more of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause .
J. ALTERATION
1. TCI reserves the right and shall be entitled-
1.1 to alter any name, code or number allocated by TCI for use in connection with the services and the customer hereby indemnifies TCI against any cost to the customer, loss or liability arising from such alteration.
K. SUPPORT SERVICE
1. TCI shall, as and when specifically requested to do so by the customer in writing, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the TCI services rendered to it or with internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof.
2. TCI shall, as part of such service, identify the customer's problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.
3. The customer shall-
3.1 supply all software, hardware and all related documentation required by TCI to identify and solve any problem encountered by the customer. Failure to do so will result in TCI not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all amounts referred to in K1;
3.2 render to TCI, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and
3.3 ensure the safety of all agents, representatives and employees of TCI present at the customer's premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by TCI or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer's premises, from whatsoever cause arising.
4. TCI does and shall not accept any responsibility or liability for any existing data on the customer's equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds TCI harmless against any cost, liability, loss or damage incurred or suffered by the customer or by TCI as a result of the loss of any such data, whether occasioned by any act or omission of TCI, its representatives, agents or employees or otherwise.
5. Consultation time charged for will commence when the relevant TCI agent, representative or employee leaves the TCI office and will end when he returns to the TCI office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer's premises or equipment.
L. GENERAL
1. The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party. Notwithstanding anything to the contrary contained herein, TCI shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees will be given to the customer.
2. The terms and conditions as set out herein, constitute the entire agreement between TCI and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between TCI and the customer relating to the subject matter hereof.
3. The customer chooses, as his domicilium citandi et executandi, the physical address set out in "Customer Details" in this agreement.
4. TCI reserves the right to amend these terms and conditions from time to time and shall notify the customer of such amendments.
5. This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
6. The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa.
7. If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.
M. INTELLECTUAL PROPERTY
1. The intellectual property rights including (without limitation) copyrights and the trade and service marks utilized by TCI during the term of this Agreement, shall remain the property of TCI or TCI's licensers and, save as provided herein, nothing contained in this Agreement shall be construed to confer on the customer any rights or licenses in such intellectual property rights.
2. Should TCI be required to develop any computer code, data, documents, presentations, solutions design, web site or any application ("the work"), then all intellectual property rights in and to such work shall vest exclusively in TCI. To the extent that intellectual property rights in the work vests, for whatever reason, in the customer, the customer hereby agrees to assign all such intellectual property rights to TCI, which hereby accepts such assignment.
3. Save as provided for in this agreement, any license granted to the customer in terms of this agreement shall be for singular user only. The customer shall be obliged to pay a license fee for multiple use.
4. The customer shall not modify or use any software, computer code, data, documents, presentations, solutions design, web site or any application licensed to it in terms of this agreement, to create a derivative work without TCI's prior written consent.
These terms and conditions can change without any prior notice.
A. COMMENCEMENT OF SERVICE
The effective date of this agreement ("the commencement date") is the date on which the Services first commence.
B. PROVISION OF THE SERVICE
1. For the duration of this agreement thereafter, TCI shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.
2. Notwithstanding the provisions of 1, the customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In the circumstances, TCI shall not be held liable for any damages (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
3. The customer shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the services provided herein.
C. PAYMENT
1. The customer shall pay to TCI all applicable charges, tariffs, fees and other amounts ("charges") as may be set out in this agreement, in respect of the provision of the services to the customer.
2. The charges may be varied by TCI from time to time in the following circumstances:
2.1 In the event of any increase by SA Telkom Limited ("Telkom") of its tariffs relating to any service provided to the customer by TCI, in which case the actual increase together with TCI's mark-up will be passed on to the customer.
2.2 On or after 1 November of every year (with effect from that date) after the commencement date.
3. All access charges that entitle the customer to obtain access to the services subscribed for, shall be payable in the manner as set out in this agreement and where such charge is indicated as-
3.1 a monthly direct debit, the amount of the first month payment shall be payable by the customer to TCI on the commencement date whereafter the relevant debit order shall apply;
3.2 In all other cases payment shall be made in advance and as specified in the agreement.
4. Any payment due to TCI not made on the due date thereof shall bear interest at a rate of 9% (nine per centum) above the prime bank overdraft rate as charged by TCI's bankers from time to time, calculated from the date payment was due until date of actual payment in full, capitalised monthly in arrears.
5. The customer shall, on demand, pay to TCI all costs and expenses incurred by TCI in enforcing the terms of this agreement, including without limitation legal costs on an attorney and own client basis.
6. Should the bank dishonour any payment offered by the customer to TCI, TCI shall be entitled, over and above the dishonoured payment as well as bank charges, to charge and the customer shall be obliged to pay a reasonable administration fee.
7. Should the customer change from one product to another or add any services to existing product, TCI shall be entitled to charge and the customer shall be obliged to pay a reasonable administration fee.
D. INSTALLATION AND CONNECTION
1. The customer acknowledges that any installation date or connection date furnished by TCI is provisional only and, should installation or connection, as the case may be, not be effected by such provisional date-
1.2 TCI shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party; and
1.3 the customer shall not be entitled, as a result of such delay, to terminate this agreement or withhold any payment.
E. LIABILITY
1. This clause E specifies the entire liability of TCI, including, without limitation, liability for negligence. In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions or warranties are excluded.
2. TCI SHALL UNDER NO CIRCUMSTANCES BE LIABLE (INCLUDING LIABILITY FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE OR INJURY THAT THE CUSTOMER OR ANY THIRD PARTY MAY SUFFER, NO MATTER WHEN OR HOW ARISING, SPECIFICALLY INCLUDING (BUT WITHOUT LIMITATION) REFUNDS OF FEES, LOSS OF PROFITS, FINANCIAL LOSS, LOSS OF CONTRACTS, LOSS OF INCOME, LOSS OF ANTICIPATED BUSINESS, COST OF REPLACEMENT SERVICES, SAVINGS USE, GOODWILL OR ANY OTHER FORM OF CONSEQUENTIAL LOSS.
3. ANY SERVICE(S) PROVIDED HEREIN IS PROVIDED ON AN "AS-IS" BASIS AND TCI MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF WHATSOEVER NATURE WITH RESPECT TO ANY SUCH SERVICE.
4. The customer shall and hereby does indemnify TCI-
4.1 against any damage, loss or liability (excluding liability for TCI's willful conduct) arising from the provision of services to the customer, its employees, directors, agents and/or representatives;
4.2 against any damage, loss or liability of whatsoever nature arising from a breach of TCI's security measures, any misuse of TCI's facilities or services and/or any act or omission of any other customer of TCI;
4.3 from any claim by any third party arising directly or indirectly out of or related to the customer's access to or use of services rendered by TCI or any information or data obtained through such access or use; and
4.4 its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the customer's use of the service and/or the products supplied hereunder -
4.4.1 constitutes a violation of any law, regulation or tariff;
4.4.2 is defamatory, fraudulent or deceptive;
4.4.3 is intended to threaten, harass or intimidate; or
4.4.4 interferes with the use or enjoyment of other customers of the services and products provided by TCI.
5. Under no circumstances whatsoever will TCI's liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts actually paid by the customer to TCI.
F. USE LIMITATIONS
The customer hereby agrees -
1. that it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
2. that it shall make use of the services in a responsible, prudent, lawful and honest manner;
3. that it shall comply with any directions, instructions and limitations issued or notified by TCI from time to time in connection with the services;
4. that it shall not use any service in a manner which -
4.1 constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the customer undertakes to familiarise itself and ensure that it is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by TCI and/or the customer's access to or use thereof;
4.2 constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by TCI from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking, unsolicited mailing etc.;
4.3 contravenes any TCI policy, as such document may be published, updated and amended by TCI from time to time;
4.4 is defamatory, fraudulent or deceptive;
4.5 is intended to threaten, harass, nuke or intimidate;
4.6. tends to damage the name or reputation of TCI, its holding company, affiliates and subsidiaries; or
4.7 interferes with the use and enjoyment of Internet related services of customers of TCI;
5 that the services to be rendered to the customer shall be as defined and subject to such limitations as may be notified from time to time by TCI;
6 that the customer is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of TCI, its network providers and Telkom and that service may from time to time be adversely affected by a number of different causes;
7 that it shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of TCI or that provided or made available to the customer by or through TCI. If any act or omission of the customer has such an adverse technical effect the customer shall, on receiving notification to that effect from TCI, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which TCI shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and/or terminate this agreement;
8 that unless otherwise agreed by TCI in writing, it shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to it by TCI;
9 that it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by TCI for use by the customer and shall specifically not disclose same to any third party without TCI's prior written consent.
10 to comply with the rules and regulations applicable to any network that is accessed through TCI;
11 that where it is outside the Republic of South Africa and wishes to connect to the internet, such connection may be subject to the terms and conditions of a Global Service Provider ("GSP"). The customer has been informed of and acknowledges that the GSP is not affiliated to TCI.
G. SUSPENSION OF SERVICE
1. TCI may from time to time and without notice suspend the services in any of the following circumstances-
1.1 during any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided;
1.2 if the customer -
1.2.1 fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach (if capable of remedy) is remedied; or
1.2.2 does or allows to be done anything which, in TCI's reasonable opinion, may have the effect of negatively affecting the operation of the TCI network or the provision of services to the customer or to any other customer(s) of TCI.
2. Notwithstanding any suspension of service under this clause G, the customer shall remain liable for all charges due hereunder throughout the period of suspension unless TCI, in its sole discretion, determines otherwise.
H. TERMINATION
1. Notwithstanding anything to the contrary contained in this agreement, TCI shall at any time be entitled to terminate this agreement on not less than 30 (days) notice to such effect to the customer, TCI making due refunds. In the case of a month to month agreement the customer shall give TCI 2 (two) calendar months notice of termination per registered mail.
2. Without prejudice to any other rights or remedies which TCI may have in terms hereof or at law, TCI shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between TCI and the customer.
3. Upon termination of this agreement TCI shall disconnect the customer from the networks of TCI and all its network providers.
4. After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection fee, which may be charged by TCI.
5. Upon termination due to any breach of this agreement by the customer, TCI shall be entitled to claim damages.
I. EXCUSABLE EVENTS
TCI shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result any circumstances outside TCI's reasonable control, including without limitation, of technical problems relating to the networks of TCI, Telkom or any network provider of TCI, or any one or more of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause .
J. ALTERATION
1. TCI reserves the right and shall be entitled-
1.1 to alter any name, code or number allocated by TCI for use in connection with the services and the customer hereby indemnifies TCI against any cost to the customer, loss or liability arising from such alteration.
K. SUPPORT SERVICE
1. TCI shall, as and when specifically requested to do so by the customer in writing, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the TCI services rendered to it or with internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof.
2. TCI shall, as part of such service, identify the customer's problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.
3. The customer shall-
3.1 supply all software, hardware and all related documentation required by TCI to identify and solve any problem encountered by the customer. Failure to do so will result in TCI not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all amounts referred to in K1;
3.2 render to TCI, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and
3.3 ensure the safety of all agents, representatives and employees of TCI present at the customer's premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by TCI or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer's premises, from whatsoever cause arising.
4. TCI does and shall not accept any responsibility or liability for any existing data on the customer's equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds TCI harmless against any cost, liability, loss or damage incurred or suffered by the customer or by TCI as a result of the loss of any such data, whether occasioned by any act or omission of TCI, its representatives, agents or employees or otherwise.
5. Consultation time charged for will commence when the relevant TCI agent, representative or employee leaves the TCI office and will end when he returns to the TCI office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer's premises or equipment.
L. GENERAL
1. The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party. Notwithstanding anything to the contrary contained herein, TCI shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees will be given to the customer.
2. The terms and conditions as set out herein, constitute the entire agreement between TCI and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between TCI and the customer relating to the subject matter hereof.
3. The customer chooses, as his domicilium citandi et executandi, the physical address set out in "Customer Details" in this agreement.
4. TCI reserves the right to amend these terms and conditions from time to time and shall notify the customer of such amendments.
5. This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
6. The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa.
7. If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.
M. INTELLECTUAL PROPERTY
1. The intellectual property rights including (without limitation) copyrights and the trade and service marks utilized by TCI during the term of this Agreement, shall remain the property of TCI or TCI's licensers and, save as provided herein, nothing contained in this Agreement shall be construed to confer on the customer any rights or licenses in such intellectual property rights.
2. Should TCI be required to develop any computer code, data, documents, presentations, solutions design, web site or any application ("the work"), then all intellectual property rights in and to such work shall vest exclusively in TCI. To the extent that intellectual property rights in the work vests, for whatever reason, in the customer, the customer hereby agrees to assign all such intellectual property rights to TCI, which hereby accepts such assignment.
3. Save as provided for in this agreement, any license granted to the customer in terms of this agreement shall be for singular user only. The customer shall be obliged to pay a license fee for multiple use.
4. The customer shall not modify or use any software, computer code, data, documents, presentations, solutions design, web site or any application licensed to it in terms of this agreement, to create a derivative work without TCI's prior written consent.
These terms and conditions can change without any prior notice.
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